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What is Involved in the Arbitration Process?

Chargebacks are a consumer protection mechanism, providing an opportunity for cardholders to dispute a card transaction. Like all other types of formal disputes, arbitration is available in situations where a decision can’t be reached.

Merchants, consumers, and banks have the option to appeal to an arbitrator to settle a dispute that isn’t resolved with a chargeback. Both Mastercard and Visa have regulations regarding the chargeback arbitration process.

The MasterCard Arbitration Process

Before diving into arbitration, it is beneficial to review Mastercard’s transaction and chargeback process.

First Presentment: The merchant process the original transaction.

First Chargeback: The issuer or cardholder disputes the transaction.

Second Presentment: The merchant re-presents the transaction, accompanied by supporting evidence that contradicts the cardholder’s claim (a process known as representment).

Arbitration Chargeback: The issuer disputes the merchant’s second presentment.

Arbitration Time Limits

For Mastercard Dual Message System transactions, the filing customer must submit the arbitration case within 45 calendar days of the Central Site Business Date for the arbitration chargeback.

Mastercard will notify the non-filing customer of the action taken. The non-filing customer must supply additional information and necessary supporting documentation within 8-10 days of notification.

The issuer is allowed to respond to any new information at any time until the case decision is issued.

Arbitration Submission Requirements and Ruling Stipulations

Upon initial review, Mastercard can decline the arbitration case for various reasons:

The filing customer didn’t supply sufficient documentation

The case was filed beyond the acceptable time limit

The case filing was not submitted in English

If an arbitration case is declined, the filing customer is responsible for the filing fee and any additional fees.

When ruling on a case, Mastercard will consider:

The technical merits of the case

The substance of the case

Previous case rulings

Implications to the Mastercard brand

Arbitration Fees

The arbitration process involves the following fees:

Filing fee: €150 / $ 150

Administrative fee: €250 / $250

Withdrawal fee: €150 / $150

Technical fee: €100 / $100

If a customer withdraws before Mastercard issues a ruling, the withdrawing customer must pay the filing fee (€150 /$150) and a withdrawal fee (€150 / $150).

The customer ruled responsible for the case must pay the administrative fee (€250 /$250) and the filing fee (€250 / $150).

Technical fees (€100 / $100 each) are issued to any customer found in violation of the dispute processing rules. It is possible for a customer to win the arbitration case but still be assessed technical fees. Examples of violations include persisting with an invalid chargeback or processing a chargeback past the time limit.

The Visa Arbitration Process

While similar to the Mastercard arbitration process, Visa does things a little differently.

It is advisable for merchants to carefully review Visa’s policies and regulations to fully understand the minute details of the chargeback arbitration process. The following is just a brief overview.

Pre-Arbitration

In certain situations, members must complete the pre-arbitration process before advancing to arbitration. For example, pre-arbitration is required if new information is provided or the issuer changes the reason code.

Members may advance the process to arbitration when:

The chargeback process has been completed, but the members have not been able to resolve the issue

The opposing member has not adhered to the required stages of the chargeback process

The opposing member does not accept financial responsibility within 30 calendar days of the pre-arbitration attempt

Arbitration Documentation Requirements

Rules that apply to the arbitration documentation include:

All documents must be in English.

The case must include the required information outlined in the Visa Resolve Online Questionnaire for each transaction.

All relevant supporting documentation must be included.

Members cannot submit documentation or information to Visa that was not previously made available to the opposing member.

Arbitration Submission Requirements and Ruling Stipulations

Upon initial review, Visa may determine the arbitration request is invalid and reject the case. If an arbitration case is rejected, the filing member is responsible for the filing fee and any additional fees.

Visa may base its arbitration decision on the following:

All information made available during the arbitration process

Visa rules effective on the transaction date

Other factors of consideration, such as ensuring fairness for both members

Arbitration Appeals

The responsible member may appeal the arbitration decision if both of the following conditions apply:

New evidence emerges that was not available at the time the original case was filed.

The disputed amount is $5,000 (or local equivalent) or more.

Arbitration Fees

Visa’s Arbitration and Compliance Committee can assign full liability to one member or split the responsibility between the two parties.

The responsible member(s) must pay:

The transaction amount

The review fee

The filing fee

Non-compliance assessment can be charged to either member for technical violations of Visa’s rules. It is possible for a member to win the arbitration case but still be charged non-compliance assessments.

Preventing Arbitration

Arbitration needlessly extends the chargeback process, adding additional costs and responsibilities for the merchant. To ensure the most efficient use of your business’s resources, it’s best to avoid arbitration whenever possible.

Among other things, The Chargeback Company specialises in chargeback representment. Our attention to detail and personal involvement with each dispute ensures fewer second chargebacks. We do it right the first time!

Contact The Chargeback Company today. We’ll provide a free ROI analysis, showing you how much you can save by successfully disputing illegitimate chargebacks and preventing arbitration.

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